5 U.S. Code § 5109 - Positions classified by statute

(a)The position held by an employee of the Department of Agriculture while he, under section
450d of title
7, is designated and vested with a delegated regulatory function or part thereof shall be classified in accordance with this chapter, but not lower than GS–14.

(b)

(1)The position held by a fully experienced and qualified railroad safety inspector of the Department of Transportation shall be classified in accordance with this chapter, but not lower than GS–12.

(2)The position held by a railroad safety specialist of the Department shall be classified in accordance with this chapter, but not lower than GS–13.

In subsection (a), the words “section
450d of title
7” are substituted for “this section” to reflect the scheduled transfer of former section
516b to title 7.

In subsection (c), the words “Notwithstanding any other law” were omitted as unnecessary.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Amendments

1998—Subsecs. (b), (c). Pub. L. 105–206redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The position held by the employee appointed under section 7802(b) of the Internal Revenue Code of 1986 shall be considered a position classified above GS–15 pursuant to section
5108.”

1990—Subsec. (b). Pub. L. 101–509substituted “shall be considered a position classified above GS–15 pursuant to section
5108” for “is classified at GS–18, and is in addition to the number of positions authorized by section
5108(a) of this title”.

1978—Subsecs. (b), (c). Pub. L. 95–454, § 906(b), redesignatedsubsec. (c) as (b). Former subsec. (b), which related to classification of position held by an employee appointed under section
1104(a)(2) of this title, was struck out.

Amendment by Pub. L. 101–509effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section
529 [title III, § 305] of Pub. L. 101–509, set out as a note under section
5301 of this title.

Amendment by Pub. L. 93–406effective on 90th day after Sept. 2, 1974, see section 1051(d) ofPub. L. 93–406, set out as a note under section
7802 of Title
26, Internal Revenue Code.

Effective Date of 1969 Amendment

Amendment by Pub. L. 91–34effective at beginning of first pay period which commences on or after June 30, 1969, see section 3(a) ofPub. L. 91–34, set out as an Effective Date note under section
5375 of this title.

Reduction of Basic Pay Rate

Rate of basic pay not to be reduced by reason of enactment of Pub. L. 91–34, which amended this section, see section 3(b) ofPub. L. 91–34, set out as a note under section
5365 of this title.

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